NRS 62H.320 Director
of Department of Health and Human Services to establish program to compile and
analyze data concerning juvenile sex offenders.

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COLLECTION AND DISCLOSURE OF INFORMATION

NRS 62H.010Fingerprinting or photographing of child who is in custody;
conditions and limitations on use and retention of fingerprints and
photographs; penalty.

1. The fingerprints of a child must be
taken if the child is in custody for an unlawful act that, if committed by an
adult, would have been:

(a) A felony, gross misdemeanor or sexual
offense; or

(b) A misdemeanor and the unlawful act involved:

(1) The use or threatened use of force or
violence against the victim; or

(2) The possession, use or threatened use
of a firearm or a deadly weapon.

2. The fingerprints of a child who is in
custody but who is not subject to the provisions of subsection 1 may be taken
if a law enforcement officer finds latent fingerprints during the investigation
of an offense and the officer has reason to believe that the latent
fingerprints are those of the child. The officer shall use the fingerprints
taken from the child to make an immediate comparison with the latent
fingerprints. If the comparison is:

(a) Negative, the fingerprint card and other
copies of the fingerprints taken may be immediately destroyed or may be
retained for future use.

(b) Positive, the fingerprint card and other
copies of the fingerprints:

(1) Must be delivered to the juvenile court
for disposition if the child is referred to the juvenile court.

(2) May be immediately destroyed or may be
retained for future use if the child is not referred to the juvenile court.

3. Fingerprints that are taken from a
child pursuant to the provisions of this section:

(a) May be retained in a local file or a local
system for the automatic retrieval of fingerprints if they are retained under
special security measures that limit inspection of the fingerprints to law
enforcement officers who are conducting criminal investigations. If the child
from whom the fingerprints are taken subsequently is not adjudicated
delinquent, the parent or guardian of the child or, when the child becomes at
least 18 years of age, the child may petition the juvenile court for the
removal of the fingerprints from any local file or local system.

(b) Must be submitted to the Central Repository
if the child is adjudicated delinquent for an unlawful act that would have been
a felony or a sexual offense if committed by an adult, and may be submitted to
the Central Repository for any other act. Any such fingerprints submitted to
the Central Repository must be submitted with a description of the child and
the unlawful act, if any, that the child committed. The Central Repository
shall retain the fingerprints and information of the child under special security
measures that limit inspection of the fingerprints and the information to:

(1) Law enforcement officers who are
conducting criminal investigations; and

(2) Officers and employees of the Central
Repository who are assisting law enforcement officers with criminal
investigations or who are conducting research or performing a statistical
analysis.

(c) Must not be submitted to the Federal Bureau
of Investigation unless the child is adjudicated delinquent for an unlawful act
that would have been a felony or a sexual offense if committed by an adult.

4. A child who is in custody must be
photographed for the purpose of identification. Except as otherwise provided in
this subsection, the photographs of the child must be kept in the file
pertaining to the child under special security measures which provide that the
photographs may be inspected only to conduct criminal investigations and
photographic lineups. If the juvenile court subsequently determines that the
child is not delinquent, the juvenile court shall order the photographs to be
destroyed.

5. Any person who willfully violates any
provision of this section is guilty of a misdemeanor.

NRS 62H.020Publication or broadcast of name or race of child and nature of
charges.

1. A news medium may not publish,
broadcast or air the name or race of any child connected with any proceeding
conducted pursuant to the provisions of this title without a written order of
the juvenile court unless:

(a) The proceeding has been opened to the public
pursuant to NRS 62D.010; or

(b) The release of the information is authorized
pursuant to subsection 2.

2. An officer or employee of the juvenile
court may release to a news medium the name of a child and the nature of the
charges against the child, and any news medium may publish, broadcast or air
such information if:

(a) The child has been adjudicated delinquent on
at least one prior occasion for an unlawful act which would have been a felony
if committed by an adult and which resulted in death or serious bodily injury,
and the child is charged with committing another unlawful act which would have
been a felony if committed by an adult; or

(b) The child has been adjudicated delinquent on
at least two prior occasions for unlawful acts which would have been felonies
if committed by an adult, and the child is charged with committing another
unlawful act which would have been a felony if committed by an adult.

1. Juvenile justice information must be
maintained in accordance with federal law, and any provision of federal law
authorizing the release of juvenile justice information must be construed as
broadly as possible in favor of the release of juvenile justice information.

2. For the purpose of ensuring the safety,
permanent placement, rehabilitation, educational success and well-being of a
child, a director of juvenile services or the Chief of the Youth Parole Bureau,
or his or her designee, may, upon written request and good cause shown, share
appropriate juvenile justice information with:

(a) A director of juvenile services or his or her
designee;

(b) The Chief of the Youth Parole Bureau or his
or her designee;

(c) A district attorney or his or her designee;

(d) An attorney representing the child;

(e) The director of a state agency which
administers juvenile justice or his or her designee;

(f) A director of a state, regional or local
facility for the detention of children or his or her designee;

(g) The director of an agency which provides
child welfare services or his or her designee;

(h) A guardian ad litem or court appointed
special advocate who represents the child;

(i) A parent or guardian of the child if the
release of the information to the parent or guardian is consistent with the
purposes of this section; or

(j) The child to whom the juvenile justice
information pertains if the child has reached the age of majority.

3. A written request for juvenile justice
information pursuant to subsection 2 may be made only for the purpose of
determining the appropriate placement of the child pursuant to the provisions
of chapter 432B of NRS, the appropriate
treatment or services to be provided to the child or the appropriate conditions
of probation or parole to be imposed on the child. The written request must
state the reason that the juvenile justice information is requested. A written
request for juvenile justice information may be refused if:

(a) The request does not demonstrate good cause
for the release of the information; or

(b) The release of the information would cause
material harm to the child or would prejudice any court proceeding to which the
child is subject.

Ê A refusal
pursuant to this subsection must be made in writing to the person or entity
requesting the information not later than 3 days after receipt of the request,
excluding Saturdays, Sundays and holidays.

4. Any juvenile justice information
provided pursuant to this section is confidential, must be provided only to
those persons listed in subsection 2 and must be maintained in accordance with
any applicable laws and regulations.

5. Any juvenile justice information
provided pursuant to this section may not be used to deny a child access to any
service for which the child would otherwise be eligible, including, without
limitation:

(a) Educational services;

(b) Social services;

(c) Mental health services;

(d) Medical services; or

(e) Legal services.

6. A director of juvenile services or the
Chief of the Youth Parole Bureau, or his or her designee, may release juvenile
justice information:

(a) In the aggregate and without personal
identifying information included, to a person engaged in bona fide research
that may be used to improve juvenile justice services or secure additional
funding for juvenile justice services.

(b) As deemed necessary by a legislative body of
this State or a local government in this State to conduct an audit or proper
oversight of any department, agency or office providing services related to
juvenile justice.

7. As used in this section, “juvenile
justice information” means any information maintained by a director of juvenile
services or the Chief of the Youth Parole Bureau, or his or her designee, which
is directly related to a child in need of supervision, a delinquent child or
any other child who is otherwise subject to the jurisdiction of the juvenile
court.

1. The juvenile court shall make and keep
records of all cases brought before the juvenile court.

2. Except as otherwise provided in this
section and NRS 217.110, records of any
case brought before the juvenile court may be opened to inspection only by
court order to persons who have a legitimate interest in the records.

3. The following records and information
may be opened to inspection without a court order:

(a) Records of traffic violations which are being
forwarded to the Department of Motor Vehicles;

(b) Records which have not been sealed and which
are required by the Division of Parole and Probation for preparation of
presentence investigations and reports pursuant to NRS 176.135 or general investigations and
reports pursuant to NRS 176.151;

(c) Records which have not been sealed and which
are to be used, pursuant to chapter 179D of
NRS, by:

(1) The Central Repository;

(2) The Division of Parole and Probation;
or

(3) A person who is conducting an
assessment of the risk of recidivism of an adult or juvenile sex offender;

(d) Information maintained in the standardized
system established pursuant to NRS 62H.200; and

(e) Information that must be collected by the
Division of Child and Family Services pursuant to NRS
62H.220.

4. The clerk of the court shall prepare
and cause to be printed forms for social and legal records and other papers as
may be required.

1. If a child has committed an act which
subjects the child to the jurisdiction of the juvenile court and which may form
the basis of a civil action, a person who, in good faith, intends to bring or
has brought the civil action or any other person who is a party to the civil
action may petition the juvenile court for release of the child’s name.

2. If the person who petitions the
juvenile court makes a satisfactory showing that the person intends, in good
faith, to use the child’s name in the civil action, the juvenile court shall
order the release of the child’s name and authorize its use in the civil
action.

NRS 62H.120Explanation of certain information concerning sealing of records
to be included in court order.Any
decree or order entered concerning a child within the purview of this title
must contain, for the benefit of the child, an explanation of the contents of NRS 62H.100 to 62H.170,
inclusive, and, if applicable, NRS
62F.260.

NRS 62H.130Procedure for sealing records of child who is less than 21 years
of age.

1. If a child is less than 21 years of
age, the child or a probation officer on behalf of the child may petition the
juvenile court for an order sealing all records relating to the child. The
petition may be filed not earlier than 3 years after the child:

(a) Was last adjudicated in need of supervision
or adjudicated delinquent; or

(b) Was last referred to the juvenile court,

Ê whichever is
later.

2. If a petition is filed pursuant to this
section, the juvenile court shall notify the district attorney and, if a
probation officer is not the petitioner, the chief probation officer.

3. The district attorney and the chief
probation officer, or any of their deputies, or any other person who has
evidence that is relevant to consideration of the petition may testify at the
hearing on the petition.

4. After the hearing on the petition, the
juvenile court shall enter an order sealing all records relating to the child
if the juvenile court finds that:

(a) During the applicable 3-year period, the
child has not been convicted of a felony or of any misdemeanor involving moral
turpitude; and

(b) The child has been rehabilitated to the
satisfaction of the juvenile court.

NRS 62H.140Automatic sealing of records when child reaches 21 years of age;
exception.Except as otherwise
provided in NRS 62H.150, when a child reaches 21
years of age, all records relating to the child must be sealed automatically.

1. If a child is adjudicated delinquent
for an unlawful act listed in subsection 6 and the records relating to that
unlawful act have not been sealed by the juvenile court pursuant to NRS 62H.130 before the child reaches 21 years of age,
those records must not be sealed before the child reaches 30 years of age.

2. After the child reaches 30 years of
age, the child may petition the juvenile court for an order sealing those
records.

3. If a petition is filed pursuant to this
section, the juvenile court shall notify the district attorney and the chief
probation officer.

4. The district attorney and the chief
probation officer, or any of their deputies, or any other person who has
evidence that is relevant to consideration of the petition may testify at the
hearing on the petition.

5. After the hearing on the petition, the
juvenile court may enter an order sealing the records relating to the child if
the juvenile court finds that, during the period since the child reached 21
years of age, the child has not been convicted of any offense, except for minor
moving or standing traffic offenses.

6. The provisions of this section apply to
any of the following unlawful acts:

(a) An unlawful act which, if committed by an
adult, would have constituted:

NRS 62H.160Procedure for sealing records of child: Duties of juvenile court
and other public officers and agencies.

1. If the juvenile court enters an order
sealing the records relating to a child or the records are sealed
automatically, all records relating to the child must be sealed that are in the
custody of:

(a) The juvenile court or any other court;

(b) A probation officer, probation department or
law enforcement agency; or

(c) Any other public officer or agency.

2. If the juvenile court enters an order
sealing the records relating to a child, the juvenile court shall send a copy
of the order to each public officer or agency named in the order. Not later
than 5 days after receipt of the order, each public officer or agency shall:

(a) Seal the records in the custody of the public
officer or agency, as directed by the order;

(b) Advise the juvenile court of compliance with
the order; and

(c) Seal the copy of the order received by the
public officer or agency.

1. Except as otherwise provided in this
section, if the records of a person are sealed:

(a) All proceedings recounted in the records are
deemed never to have occurred; and

(b) The person may reply accordingly to any inquiry
concerning the proceedings and the acts which brought about the proceedings.

2. The juvenile court may order the
inspection of records that are sealed if:

(a) The person who is the subject of the records
petitions the juvenile court to permit the inspection of the records by the
persons named in the petition;

(b) An agency charged with the medical or
psychiatric care of the person who is the subject of the records petitions the
juvenile court to permit the inspection of the records by the agency;

(c) A district attorney or an attorney
representing a defendant in a criminal action petitions the juvenile court to
permit the inspection of the records to obtain information relating to the
persons who were involved in the acts detailed in the records; or

(d) The juvenile court determines that the
inspection of the records is necessary to:

(1) Perform bona fide outcome and
recidivism studies;

(2) Further bona fide research to
determine the effectiveness of juvenile justice services;

Ê Personal
identifying information contained in records inspected pursuant to this
paragraph must remain confidential in a manner consistent with any applicable
laws and regulations.

3. Upon its own order, any court of this
State may inspect records that are sealed if the records relate to a person who
is less than 21 years of age and who is to be sentenced by the court in a
criminal proceeding.

NRS 62H.200Division of Child and Family Services to establish standardized
system for collecting and analyzing information concerning juvenile justice;
regulations.

1. The Division of Child and Family
Services shall:

(a) Establish a standardized system for the
reporting, collection, analysis, maintenance and retrieval of information
concerning juvenile justice in this State.

(b) Be responsible for the retrieval and analysis
of the categories of information contained in the standardized system and the
development of any reports from that information.

(c) Adopt such regulations as are necessary to
carry out the provisions of this section, including requirements for the
transmittal of information to the standardized system from the juvenile courts,
local juvenile probation departments and the staff of the youth correctional
services, as directed by the Department of Health and Human Services.

2. Each juvenile court and local juvenile
probation department and the staff of the youth correctional services, as
directed by the Department of Health and Human Services, shall comply with the
regulations adopted pursuant to this section.

NRS 62H.210Information to be collected by standardized system regarding
children referred to system of juvenile justice; confidentiality.

1. Except as otherwise provided in
subsection 3, the standardized system established pursuant to NRS 62H.200 must collect, categorize and maintain the
following information from the juvenile courts, local juvenile probation
departments and the staff of the youth correctional services, as directed by
the Department of Health and Human Services, regarding each child referred to
the system of juvenile justice in this State:

(f) The dates any petitions are filed regarding
the child, and the charges set forth in those petitions; and

(g) The disposition of any petitions filed
regarding the child, including any applicable findings.

2. In addition to the information required
pursuant to subsection 1 and except as otherwise provided in subsection 3, the
Department of Health and Human Services shall require the staff of the youth
correctional services to collect and transmit the following information to the
standardized system regarding each child committed to or otherwise placed in
the custody of the Division of Child and Family Services:

(a) A record of each placement of the child,
including, but not limited to, the period of each placement and the services
provided to the child during each placement;

(b) The dates of each release of the child,
including any release of the child on parole;

(c) If the child is released on parole, the
period of each release and the services provided to the child during each
release; and

(d) The nature of or reason for each discharge of
the child from the custody of the Division of Child and Family Services.

3. The information maintained in the
standardized system must not include the name or address of any person.

1. For each child adjudicated delinquent
for an unlawful act that would have been a sexual offense if committed by an
adult, the Division of Child and Family Services shall collect from the
juvenile courts, local juvenile probation departments and the staff of the
youth correctional services, as directed by the Department of Health and Human
Services:

(c) All information concerning programs of
treatment in which the child participated that:

(1) Were directly related to the
delinquent act committed by the child; or

(2) Were designed or utilized to prevent
the commission of another such act by the child in the future.

2. The Division of Child and Family
Services shall provide the information collected pursuant to subsection 1 to
the Director of the Department of Health and Human Services for use in the
program established pursuant to NRS 62H.300, 62H.310 and 62H.320.

3. Except as otherwise provided in NRS 239.0115, all information containing
the name of the child and all information relating to programs of treatment in
which the child participated is confidential and must not be used for a purpose
other than that provided for in this section and NRS
62H.320.

NRS 62H.230Probation departments to analyze information submitted to
standardized system annually and compile reports concerning disparate treatment
of children; Division of Child and Family Services to publish reports annually.

1. On or before January 31 of each year,
each local juvenile probation department shall:

(a) Analyze the information it submitted to the
standardized system during the previous year pursuant to NRS 62H.210 to determine whether children of racial
or ethnic minorities and children from economically disadvantaged homes are
receiving disparate treatment in the system of juvenile justice in comparison
to the general population;

(b) As necessary, develop appropriate
recommendations to address any disparate treatment; and

(c) Prepare and submit to the Division of Child
and Family Services a report which includes:

(1) The results of the analysis it
conducted pursuant to paragraph (a); and

1. A significant number of offenders in
Nevada have been convicted of sexual offenses. Many of these offenders have
been convicted of sexual offenses on more than one occasion, and many of these
offenders began committing sexual offenses as juveniles.

2. There is a great need for a continuing
statistical analysis regarding the recidivism of juvenile sex offenders so that
the most appropriate punishment and treatment may be identified to prevent
these juvenile sex offenders, as juveniles, from committing further acts that,
if committed by adults, would be sexual offenses or, later as adults, from
committing sexual offenses.

NRS 62H.320Director of Department of Health and Human Services to establish
program to compile and analyze data concerning juvenile sex offenders.

1. The Director of the Department of
Health and Human Services shall establish within the Department a program to
compile and analyze data concerning juvenile sex offenders. The program must be
designed to:

(a) Provide statistical data relating to the
recidivism of juvenile sex offenders; and

(b) Use the data provided by the Division of
Child and Family Services of the Department of Health and Human Services
pursuant to NRS 62H.220 to assess the
effectiveness of programs for the treatment of juvenile sex offenders.

2. The Director of the Department of
Health and Human Services shall report the statistical data and findings from
the program to:

(a) The Legislature at the beginning of each
regular session.

(b) The Advisory Commission on the Administration
of Justice on or before January 31 of each even-numbered year.

3. The data acquired pursuant to this
section is confidential and must be used only for the purpose of research. The
data and findings generated pursuant to this section must not contain
information that may reveal the identity of a juvenile sex offender or the
identity of an individual victim of a crime.